Heat peaks and an organization to review. In France, while a large part of the country is concerned this week by a heat wave alert, with temperatures which must reach and sometimes exceed 40°C in many regions, the question of the organization of work in these conditions debate. In most European countries, the law does not include any provision allowing employees not to come to work when the temperatures are too high. No maximum threshold beyond which it is forbidden to work is in fact set by the Labor Code. Employees must therefore, except for internal arrangements within their company, come to work.
In France, no directive seems to be imposed on companies. In the government’s heat wave plan presented in early June by the Minister for Energy Transition, Christophe Béchu, which notably provides for a major communication campaign as well as the sending of an SMS alert in the event of a heat peak, only a guide listing the measures to improve the temperature in offices have been considered. At the same time, the labor inspectorate has been called upon to intensify its controls in the sectors most vulnerable to heat-related risks. But what about countries where heatwaves are rife and temperatures often reach 50°C, sometimes for several days in a row?
In Italy, a 2015 decision sets precedent. Since according to the highest court of appeal in the country, workers have the right to interrupt their activity – without losing income or being fired – if their employer does not guarantee safe working conditions or forces them to work under “prohibitive” temperatures. In Spain, the regulations are even much stricter, since they specify that a temperature between 17 and 27°C is required for work in an office, while work requiring light physical effort must be carried out at a temperature between 14 and 25°C.
What about countries where it is even hotter, on the African continent or in the Gulf countries for example? In Morocco, where it is over 40°C in August, there are no specific provisions concerning high temperatures. However, the Moroccan Labor Code includes general measures aimed at ensuring the health and safety of workers, applicable in the event of extreme weather conditions. The employer is therefore required to take all the necessary measures to protect the health and safety of workers, particularly in the event of extreme heat, such as working time arrangements, more frequent breaks or even the provision of appropriate individual protection…
But unsurprisingly, air conditioning has been installed in almost all office buildings where most employees who work at their posts “do not change their work habits” despite the heat, says Saïd, who nevertheless mentions, that ‘in the event of a heat wave, “all construction sites are at a standstill”. A break that is imposed on construction companies, but which does not appear in any legal text. Unlike the Gulf countries – in Saudi Arabia, the United Arab Emirates, Qatar, Kuwait, Dubai, Bahrain or Oman – where the law stipulates in black and white that it is strictly forbidden to work outdoors between noon and 4 p.m. throughout the summer, from June to September.
At this time of year, temperatures there are indeed around 40°C every day and are the main concerns of the inhabitants. This is confirmed by Alexandre, who lived in Dubai for several years before returning to France. If according to him, “air conditioning is so widespread that it is not really a subject”, the fact remains that in summer, “all habits change”. “You stay in your tower for lunch, and at home, you have it delivered for dinner,” he explains, pointing out that, out of habit, very few Westerners venture outside at this time, and even fewer take the metro. As a result, most companies based there tolerate their employees working remotely or returning to their home countries during the warmer months. And this, “well before the Covid-19 and the rise of teleworking”, assures Alexandre.
In Australia, although there is a law that imposes on employers the obligation to provide a safe and healthy working environment, particularly in the event of a heat wave, the regulations vary according to the six States and ten territories of the country. Among the most restrictive points, we find in particular the organization of working hours but also the obligation to respect maximum temperature limits to which workers can be exposed. If the temperature exceeds these maximum thresholds, measures must be taken quickly to protect workers, such as additional breaks, work rotations or changes to work schedules.
So many good practices to put in place whenever necessary. Despite the absence of legislation in France, nothing prevents companies from implementing this type of measure, as recommended by the National Institute for Research and Safety for the Prevention of Workplace Accidents and Occupational Diseases ( INRS), which pleads, “in the event of very hot weather”, in favor of the “punctual shift in working hours (arriving and leaving work earlier)”, of “a limit on the pace of work”, of “ a shutdown of electrical appliances that are not essential” or even “an increase in the frequency of breaks”.
And if most countries in the world do not have strict legislation on this subject, the question of working towards better supervision of employees appears, on the sidelines of global warming, more and more essential. According to the International Labor Organization (ILO), “more than 380 million jobs could disappear due to global warming and the thermal stress it induces”, while, notes the ILO, “temperatures above of 26°C are associated with reduced work productivity” and that “from 33°C, a worker can lose up to 50% of his working capacity”.
Questioned on this subject during a conference organized in mid-May, Catherine Saget, an economist at the ILO, explains in particular that heat stress “can lead to exhaustion, permanent disability, or even death” for people who are worked too long in the heat. Without ever questioning the lack of legislative framework in this area, she nevertheless listed the best practices to apply to avoid suffering too much from the heat at work: “stay in the shade, cover your head, hydrate, take more frequent breaks and pay attention to colleagues.
